CONSTITUTION ACT.

Lyttelton Times, Volume VI, Issue 405, 20 September 1856, Page 7

CONSTITUTION ACT.

REPOET OF THE SELECT COMMITTEE. Your Committee have considered the subjects referred to them, including the Bills for the Prevention of Bribery, and the correspondence between Mr. Cavleton and the Government, relative to certain matters connected with elections in the Bay of Islands and elsewhere in the Province of Auckland. Your Committee are of opinion that the regulations relative to the Electoral Roll and the conduct of elections, contained in Sir George Grey's proclamation of sth March, 1853, require alteration in several particulars, among which the following appear of pressing importance :— 1. The provisions for the making of the Electoral Eoll. Your Committee have reason to believe that the existing Eoll is far from complete or accurate : that many names are upon it which ought not to be, and that others have been omitted which ought to be upon it, and that no sufficient means of correcting it exists, in conformity with the present regulations. They submit other remedies : First, that personal service pf objections to voters on the Eoll be not required, but that in lieu thereof a written objection be substituted. " ■ Second. That it be served at the usual, or last usual place of abode of the party objected against, and published in the ' Government Gazette' two months before the Eoll is made up. Third. That any claimant for enrolment may support his claim either in person or by deput}r, and that no Evidence of the appointment of such deputy be required. Fourth. That the officer appointed by Government _to take the census should be supplied with claiming papers, and Avhenever a party is not on the Roll, whose qualification as a voter is apparent, on taking such census the officers should send in a claim to be enrolled on behalf of such person. Fifth. That any person may send in a claim on his own account. Sixth. That any person who may object to his name being on the Roll should have power, by application in writing, to require his name to be taken off the Roll. ■ Seventh. That the existing Eoll ought to be abolished so soon as a new one shall have been constructed in manner-above suggested, and that the Government ought to take immediate steps towards creating such new Roll, for which purpose it may be necessary to pass a short Act, Authorising the census to be taken during the now ensuing year. 2. As regards the Conduct of Elections :— That it is desirable, if possible, to abolish fhc

system of voting by written tickets, and to require viva voce voting instead. But if the present system be adhered to, greater precaution should be adopted against personation, the tendering of papers without the presence of the voter, during the absence of the two-electors whose objection is required, and other frauds which appear to have been practised. That the Returning Officer should not be allowed to reject any vote, except on the ground either that the voter is not on the Roll, or that he cannot satisfactorily answer the questions required by the existing regulations. That there should be only one place for nomination of a Superintendent within the same province. That any candidate^ or any two electors on his behalf, should, at any nomination, have power to demand a poll. That no Resident Magistrate should be Returning Officer virttde offlcii. 3. That petitions against returns should be presented within 21 days from official declaration of the poll, and not from the day of election, as at present. 4. Your Committee have abstained from considering many matters of importance connected with the Constitution Act, on account of the proposal of the Government to .endeavour to obtain power from Parliament to alter the Act. 5. Your Committee have agreed to the provisions of a Bill for the prevention of Bribery and to make provision for the decision of disputed returns, Avhich they append for the consideration of your honourable House. They -would also suggest that a bill be laid before your House, disqualifying persons who have been guilty of bribery or treating at any election from holding the office for which they have been returned by such influence, till after one other election for the same shall have taken place. They have not inserted provisions to that effect in the appended bill, because, as altering the qualification fixed by the Constitution Act, it would have been necessaiy to obtain the sanction of the Imperial Government, and so have delayed the operation of the Bill. 6. Your Committee also suggest the necessity for an Act enabling the Governor to appoint a Commission to adjudicate on disputed returns of Superintendents. 7. If possible, an Act should be passed during the present session, to carry into effect the foregoing suggestions. 8. In reference to the correspondence with the General Government, concerning the proceedings of Mr. Clendon, who acted as Returning Officer in the Bay of Islands, during the late election^, and the return of voting papers rejected by Returning Officers m the Province of Auckland, during the late elections, laid upon the table of the House : — Your Committee are of opinion that Mr. Clendon acted in excess of his powers. Your Committee are of opinion that Captain Haultain, in the Southern Division of the Province of Auckland, also acted in excess of his powers. Your Committee are^ informed, \>j the correspondence laid before them, that voting papers were also cancelled by the Sheriff of Auckland, who acted as principal Returning Officer. No return of these papers has been laid before them. [A paragraph, which there is no means of supplying, appears to have been omitted in copying the report. It is to this effect.. —that in the opinion of the Committee it was the duty of the General Government to have interfered, in regard to the conduct of the Returning Officer at the Bay of Islands, on their attention being called to the matter.]